Homeless man claims 'guilt by association' at trial

Tuesday

Sep 29, 2009 at 11:30 AMSep 29, 2009 at 11:38 AM

PORTSMOUTH — A 61-year-old homeless man claims he was wrongfully cited for an open container violation while working as a Families First outreach liaison to assist another homeless person with getting dental treatment.

Elizabeth Dinan

PORTSMOUTH — A 61-year-old homeless man claims he was wrongfully cited for an open container violation while working as a Families First outreach liaison to assist another homeless person with getting dental treatment.

Bruce Knox, of the Cross Roads House homeless shelter, fought the $40 open container citation during a Tuesday trial in Portsmouth District Court where he told a judge, "I learned what guilt by association means."

"I don't consume alcohol and I haven't for several years," he testified in his own defense.

Knox was cited on July 25 when police allege he was found sitting on a downtown park bench with another man. Two "cold to the touch" cans of Steel Reserve beer were found standing behind the bench and no one else was in the park, testified Officer Wayne Boucher.

"I didn't have any doubt that it was theirs," the officer testified from a courthouse witness stand.

Officer Erik Widerstrom was also called to testify and reiterated that the beers were found behind the two men in the otherwise empty park. Knox cross examined the officer and asked if fingerprints were taken from the beer cans, to which Widerstrom testified "no."

At the conclusion of the officers' testimony, Knox read a prepared statement informing the court that he is on the Families First board of directors and serves as a homeless outreach coordinator, that he was in the park to remind an "acute alcoholic" homeless man about an upcoming dental appointment and that neither of them was drinking during the ten minutes he was there.

Knox is listed on the Families First Web site as a board member.

Judge Sawako Gardner said she would take the case under advisement and issue a ruling at a later date.

"Normally a homeless person would just roll over, plead guilty and not pay the fine, but I was mad," Knox told the Herald following the trial. "I knew I wasn't going to make any friends today, but I don't care."

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